11572 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 

the certification basis of the airplane and the 

approval must specifically refer to this AD. 

(m) Related Information 

(1) For more information about this AD, 

contact Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, Seattle 

Aircraft Certification Office (ACO), FAA, 

1601 Lind Avenue SW., Renton, Washington 

98057–3356; phone: 425–917–6440; fax: 425– 

917–6590; email: Nancy.Marsh@faa.gov. 

(2) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P. O. Box 3707, MC 

2H–65, Seattle, Washington 98124–2207; 

phone: 206–544–5000, extension 1; fax: 206– 

766–5680; Internet: https:// 

www.myboeingfleet.com. 

(n) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Special Attention Service 

Bulletin 757–57–0068, Revision 1, dated July 

19, 2011. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; phone: 

206–544–5000, extension 1; fax: 206–766– 

5680; Internet: https:// 

www.myboeingfleet.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on February 

6, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–03268 Filed 2–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0732; Directorate 

Identifier 2012–CE–022–AD; Amendment 

39–17311; AD 2012–26–16] 

RIN 2120–AA64 

Airworthiness Directives; Pilatus 

Aircraft Ltd. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all Pilatus Aircraft Ltd. Models PC–12, 

PC–12/45, PC–12/47, and PC–12/47E 

airplanes. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The MCAI 

describes the unsafe condition as a need 

to incorporate new revisions into the 

Limitations section, Chapter 4, of the 

FAA-approved maintenance program 

(e.g., maintenance manual). We are 

issuing this AD to require actions to 

address the unsafe condition on these 

products. 

DATES: This AD is effective March 26, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of March 26, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of August 19, 2009 (74 FR 

34213, July 15, 2009). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

For service information identified in 

this AD, contact Pilatus Aircraft Ltd., 

Customer Service Manager, CH–6371 

STANS, Switzerland; telephone: +41 (0) 

41 619 62 08; fax: +41 (0) 41 619 73 11; 

Internet: http://www.pilatusaircraft.com or email: 

SupportPC12@pilatus-aircraft.com. You 

may review copies of the referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329– 

4148. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090; email: 

doug.rudolph@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an AD 

that would apply to the specified 

products. That SNPRM was published 

in the Federal Register on October 22, 

2012 (77 FR 64442), which proposed to 

supersede AD 2009–14–13, Amendment 

39–15963 (74 FR 34213, July 15, 2009). 

Since we issued AD 2009–14–13, 

Amendment 39–15963 (74 FR 34213, 

July 15, 2009), Pilatus Aircraft Ltd. has 

issued revisions to the Limitations 

section of the airplane maintenance 

manual to include an inspection of the 

wing main spar fastener holes at rib 6 

for cracks. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2012– 

0099, dated June 8, 2012 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The mandatory instructions and 

airworthiness limitations applicable to the 

Structure and Components of the PC–12 are 

specified in the Aircraft Maintenance Manual 

(AMM) under Chapter 4. Prompted by a crack 

found on one wing of the aeroplane fleet 

leader, a more restrictive airworthiness 

limitation was introduced, in that manual, 

for the inspection of the main spar rib 6 strap 

fastener. 

These documents include the maintenance 

instructions and/or airworthiness limitations 

developed by Pilatus Aircraft Ltd. and 

approved by EASA. Failure to comply with 

these instructions and limitations could 

potentially lead to unsafe condition. 

For the reasons described above, this AD 

requires the implementation of more 

restrictive maintenance instructions and/or 

airworthiness limitations. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the SNPRM 

(77 FR 64442, October 22, 2012) or on 

the determination of the cost to the 

public. 


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Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 11573 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the SNPRM (77 FR 

64442, October 22, 2012) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the SNPRM (77 FR 64442, 

October 22, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

678 products of U.S. registry. We also 

estimate that it will take about 3.5 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $300 per 

product. Based on these figures, we 

estimate the cost of this AD on U.S. 

operators to be $405,105, or $597.50 per 

product. 

In addition, we estimate that any 

necessary corrective actions that must 

be taken based on incorporating the new 

revisions into the limitation section of 

the maintenance manual will take about 

6 work-hours and require parts costing 

approximately $4,000, for a cost of 

$4,510 per product. We have no way of 

determining the number of products 

that may need these necessary 

corrective actions. 

We estimate that it will take about 12 

work-hours per product to comply with 

the new addition of the wing main spar 

fastener holes inspection requirement of 

this AD. The average labor rate is $85 

per work-hour. Based on these figures, 

we estimate the cost of the wing main 

spar fastener holes on U.S. operators to 

be $691,560, or $1,020 per product. 

In addition, we estimate that any 

necessary repairs to the wing main spar 

will take about 7 work-hours and 

require parts costing approximately 

$5,000, for a cost of $5,595 per product. 

We have no way of determining the 

number of products that may need these 

corrective actions. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains the SNPRM (77 FR 

64442, October 22, 2012), the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone (800) 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–15963 (74 FR 

34213, July 15, 2009), and adding the 

following new AD: 

2012–26–16 Pilatus Aircraft Ltd.: 

Amendment 39–17311; Docket No. 

FAA–2012–1052; Directorate Identifier 

2012–CE–014–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective March 26, 2013. 

(b) Affected ADs 

This AD supersedes AD 2009–14–13, 

Amendment 39–15963 (74 FR 34213, July 15, 

2009). 

(c) Applicability 

This AD applies to Pilatus Aircraft Ltd. 

Models PC–12, PC–12/45, PC–12/47, and PC– 

12/47E airplanes, all manufacturer serial 

numbers (MSNs), certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 05: Time Limits. 

(e) Reason 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as a need to 

incorporate new revisions into the 

Limitations section, Chapter 4, of the FAAapproved maintenance program (e.g., 

maintenance manual). The limitations were 

revised to include an inspection of the wing 

main spar fastener holes at rib 6 for cracks. 

These actions are required to ensure the 

continued operational safety of the affected 

airplanes. 

(f) Actions and Compliance 

Unless already done, do the following 

actions: 

(1) For Models PC–12 and PC–12/45 

airplanes, MSNs 101 through 299: Within the 

next 100 hours time-in-service (TIS) after 

August 19, 2009 (the effective date retained 

from AD 2009–14–13, Amendment 39–15963 

(74 FR 34213, July 15, 2009)) or 1 year after 

August 19, 2009 (the effective date retained 

from AD 2009–14–13), whichever occurs 

first, replace the torque tube part number (P/ 

N) 532.50.12.047 with torque tube P/N 

532.50.12.064 following PILATUS 

AIRCRAFT LTD. Service Bulletin No: 32– 

021, dated November 21, 2008. 

(2) For all airplanes: As of March 26, 2013 

(the effective date of this AD), do not install 

torque tube P/N 532.50.12.047. 

(3) For all airplanes: Before further flight 

after March 26, 2013 (the effective date of 


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this AD), insert Data module code 12–A–04– 

00–00–00A–000A–A, ‘‘STRUCTURAL, 

COMPONENT AND MISCELLANEOUS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

October 15, 2012, of the Pilatus Model 

Identification: 12 Aircraft Maintenance 

Manual, PC12, PC12/45, PC 12/47 AMM 

Document No. 02049, 12–A–AM–00–00–00– 

I, revision 26, dated December 15, 2012, for 

Models PC–12, PC–12/45, PC–12/47, and 

Data module code 12–B–04–00–00–00A– 

000A–A, ‘‘STRUCTURAL AND 

COMPONENT LIMITATIONS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

October 15, 2012, of the Pilatus Model 

Identification: 12 Aircraft Maintenance 

Manual, PC 12/47E AMM Document No. 

02300, 12–B–AM–00–00–00–I, revision 9, 

dated December 15, 2012, for Model PC–12/ 

47E, into the Limitations section of the FAAapproved maintenance program (e.g., 

maintenance manual). These limitations 

section revisions do the following: 

(i) Establish an inspection of the wing main 

spar fastener holes at rib 6, 

(ii) Specify replacement of components 

before or upon reaching the applicable life 

limit, and 

(iii) Specify accomplishment of all 

applicable maintenance tasks within certain 

thresholds and intervals. 

(4) For all airplanes: If no compliance time 

is specified in the documents listed in 

paragraph (f)(3) of this AD when doing any 

corrective actions where discrepancies are 

found as required in paragraph (f)(3)(iii) of 

this AD, do these corrective actions before 

further flight after doing the applicable 

maintenance task. 

(5) For all airplanes: During the 

accomplishment of the actions required in 

paragraphs (f)(3)(i), (f)(3)(ii), and (f)(3)(iii) of 

this AD, if a discrepancy is found that is not 

identified in the documents listed in 

paragraph (f)(3) of this AD, before further 

flight after finding the discrepancy, contact 

Pilatus Aircraft Ltd. at the address specified 

in paragraph (i)(5) of this AD for a repair 

scheme and incorporate that repair scheme. 

(g) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

This paragraph provides credit for the 

actions required in paragraph (f)(3) of this AD 

if already done before March 6, 2013 (the 

effective date of this AD) following Pilatus 

PC12 Aircraft Maintenance Manual 

Temporary Revision No. 04–03, dated 

October 15, 2012, which transmits 

Unclassified 12–A/AMP–04 ‘‘STRUCTURAL, 

COMPONENT AND MISCELLANEOUS— 

AIRWORTHINESS LIMITATIONS,’’ 

document 12–A–04–00–00–00A–000A–A, 

dated October 15, 2012; and Pilatus PC12/ 

47E Aircraft Maintenance Manual Temporary 

Revision No. 04–01, dated October 15, 2012, 

which transmits Unclassified 12–B/AMP–04 

‘‘STRUCTURAL AND COMPONENT 

LIMITATIONS—AIRWORTHINESS 

LIMITATIONS,’’ document 12–B–04–00–00– 

00A–000A–A, dated October 15, 2012. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4059; fax: (816) 329– 

4090; email: doug.rudolph@faa.gov. 

(i) Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(ii) AMOCs approved for AD 2009–14–13, 

Amendment 39–15963 (74 FR 34213, July 15, 

2009) are not approved as AMOCs for this 

AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(i) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No. 2012–0099, dated 

June 8, 2012; Pilatus Aircraft Ltd. Service 

Bulletin No: 32–021, dated November 21, 

2008; Data module code 12–A–04–00–00– 

00A–000A–A, ‘‘STRUCTURAL, 

COMPONENT AND MISCELLANEOUS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

October 15, 2012, of the Pilatus Model 

Identification: 12 Aircraft Maintenance 

Manual, PC12, PC12/45, PC 12/47 AMM 

Document No. 02049, 12–A–AM–00–00–00– 

I, revision 26, dated December 15, 2012; Data 

module code 12–B–04–00–00–00A–000A–A, 

‘‘STRUCTURAL AND COMPONENT 

LIMITATIONS—AIRWORTHINESS 

LIMITATIONS,’’ dated October 15, 2012, of 

the Pilatus Model Identification: 12 Aircraft 

Maintenance Manual, PC 12/47E AMM 

Document No. 02300, 12–B–AM–00–00–00– 

I, revision 9, dated December 15, 2012; 

Pilatus PC12 Aircraft Maintenance Manual 

Temporary Revision No. 04–03, dated 

October 15, 2012, which transmits 

Unclassified 12–A/AMP–04 ‘‘STRUCTURAL, 

COMPONENT AND MISCELLANEOUS— 

AIRWORTHINESS LIMITATIONS,’’ 

document 12–A–04–00–00–00A–000A–A, 

dated October 15, 2012; and PC12/47E 

Aircraft Maintenance Manual Temporary 

Revision No. 04–01, dated October 15, 2012, 

which transmits Unclassified 12–B/AMP–04 

‘‘STRUCTURAL AND COMPONENT 

LIMITATIONS—AIRWORTHINESS 

LIMITATIONS,’’ document 12–B–04–00–00– 

00A–000A–A, dated October 15, 2012, for 

related information. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on March 26, 2013. 

(i) Data module code 12–A–04–00–00– 

00A–000A–A, ‘‘STRUCTURAL, 

COMPONENT AND MISCELLANEOUS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

October 15, 2012, of the Pilatus Model 

Identification: 12 Aircraft Maintenance 

Manual, PC12, PC12/45, PC 12/47 AMM 

Document No. 02049, 12–A–AM–00–00–00– 

I, revision 26, dated December 15, 2012. 

(ii) Data module code 12–B–04–00–00– 

00A–000A–A, ‘‘STRUCTURAL AND 

COMPONENT LIMITATIONS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

October 15, 2012, of the Pilatus Model 

Identification: 12 Aircraft Maintenance 

Manual, PC 12/47E AMM Document No. 

02300, 12–B–AM–00–00–00–I, revision 9, 

dated December 15, 2012. 

Note to paragraph (i)(3) of this AD: Data 

module code 12–A–04–00–00–00A–000A–A, 

‘‘STRUCTURAL, COMPONENT AND 

MISCELLANEOUS—AIRWORTHINESS 

LIMITATIONS,’’ dated October 15, 2012, of 

the Pilatus Model Identification: 12 Aircraft 

Maintenance Manual, PC12, PC12/45, PC 12/ 

47 AMM Document No. 02049, 12–A–AM– 

00–00–00–I, revision 26, dated December 15, 

2012; and Data module code 12–B–04–00– 

00–00A–000A–A, ‘‘STRUCTURAL AND 

COMPONENT LIMITATIONS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

October 15, 2012, of the Pilatus Model 

Identification: 12 Aircraft Maintenance 

Manual, PC 12/47E AMM Document No. 

02300, 12–B–AM–00–00–00–I, revision 9, 

dated December 15, 2012, were issued as 

complete updates to the AMM Airworthiness 

Limitations sections and incorporate all 

technical information contained in Pilatus 

AMM Temporary Revision No. 04–01 and 

Pilatus AMM Temporary Revision No. 04–03, 

both dated October 15, 2012. 

(4) The following service information was 

approved for IBR on August 19, 2009 (74 FR 

34213, July 15, 2009). 

(i) Pilatus Aircraft Ltd. Service Bulletin No: 

32–021, dated November 21, 2008. 

(ii) Reserved. 


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(5) For Pilatus Aircraft Ltd. service 

information identified in this AD, contact 

Pilatus Aircraft Ltd., Customer Service 

Manager, CH–6371 STANS, Switzerland; 

telephone: +41 (0) 41 619 62 08; fax: +41 (0) 

41 619 73 11; Internet: http://www.pilatusaircraft.com or email: SupportPC12@pilatusaircraft.com. 

(6) You may view this service information 

at the FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ 

index.html. 

Issued in Kansas City, Missouri, on 

February 8, 2013. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–03407 Filed 2–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 001–2013] 

Privacy Act of 1974; Implementation 

AGENCY: Federal Bureau of Prisons, 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice 

(DOJ or Department), Federal Bureau of 

Prisons (BOP), is issuing a final rule for 

the modified system of records notice 

entitled ‘‘Inmate Central Records 

System’’ (ICRS) (JUSTICE/BOP–005). 

This system is being exempted from 

certain subsections of the Privacy Act of 

1974 listed below for the reasons set 

forth in the following text. 

DATES: Effective: February 19, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Wanda M. Hunt, FOIA/Privacy Act 

Chief, Federal Bureau of Prisons, 202– 

514–6655. 

SUPPLEMENTARY INFORMATION: On April 

26, 2012, at 77 FR 24982, the 

Department published an updated 

Privacy Act system of records notice 

(SORN) for the ICRS, a BOP SORN 

originally published on August 27, 1975 

(40 FR 38704). The proposed SORN 

amendments reflected overall 

modernization and technological 

changes of BOP’s information system, 

and included updates to system routine 

uses. On April 26, 2012, at 77 FR 24878, 

the Department also published a 

proposed rule to amend 28 CFR 16.97, 

which had previously established 

exemptions of the ICRS from various 

Privacy Act provisions, as expressly 

authorized by Privacy Act subsection (j). 

The proposed rule did not significantly 

change the previously established ICRS 

exemptions from Privacy Act 

subsections (c)(3) and (4); (d)(1), (2), (3), 

and (4); (e)(1), (2), (3), (4)(H), (5), and 

(8); (f); and (g). In addition to such 

exemptions, the proposed rule sought to 

exempt ICRS from Privacy Act 

subsections (e)(4)(G) and (I), add 

exemptions pursuant to Privacy Act 

subsection (k)(2), and made general 

editorial revisions to the reasons for the 

already existing ICRS exemptions. 

Public comments were invited. 

Comments on the proposed SORN 

changes were to be submitted by May 

29, 2012 (77 FR 24982); comments on 

the proposed rule were to be received by 

the Department’s designated recipient 

by May 29, 2012 (77 FR 24878). 

The Department received comments 

from one member of the public. 

Although some of the comments 

received pertain to the applicability of 

exemptions to this SORN, the comments 

reference only the Federal Register 

citation for the proposed SORN 

modifications and not the proposed 

rule. Moreover, the comments were not 

received timely with regard to the 

proposed rule. Accordingly, the 

Department has carefully reviewed and 

analyzed these comments in the context 

of the SORN, but declines to adopt them 

and hereby implements the proposed 

rule without substantive change. 

The comments received to the SORN 

address four main issues: (1) The 

routine use disclosures to the news 

media and public; (2) the routine use 

disclosures to health care agencies/ 

professionals; (3) the inapplicability of 5 

U.S.C. 552a(j); and (4) the 

inapplicability of 5 U.S.C. 552a(k). 

Responses to the comments are set forth 

below. 

First, the commenter objected to the 

scope and lack of specificity of two new 

routine uses, namely routine use (r) for 

disclosures to the news media and the 

public, and new routine use (t) for 

disclosures to health care agencies/ 

professionals. The Department, 

however, maintains that these routine 

uses provide appropriate specificity, as 

each routine use indicates the purpose 

for permissible disclosures and 

incorporates a defined standard that 

further limits disclosures to data 

relevant to each routine use’s particular 

purpose. 

Second, the commenter objected to 

disclosure of medical information 

without an individual’s consent. The 

Department understands the sensitivity 

of medical information of former/ 

current inmates, and thus, has instituted 

safeguards appropriate for this kind of 

information. The Department considers 

the health care disclosures encompassed 

in routine use (t) to be lawful, 

appropriate, and necessary to meet 

BOP’s responsibilities for the 

safekeeping, care, and custody of 

incarcerated (and formerly incarcerated) 

persons and for the continued safety 

and security of federal prisons and the 

public. 

The commenter also objected to the 

applicability of 5 U.S.C. 552a (j) and (k). 

Subsection (j)(2) of the Privacy Act 

covers records created and maintained 

by the BOP. This subsection includes 

records maintained by any component 

that performs as its principal function 

any activity pertaining to the 

enforcement of criminal laws, including 

activities of correctional authorities (e.g. 

BOP). Further specified in subsection 

(j)(2) are the types of records that may 

be exempted, which include, for 

example: information compiled for the 

purpose of identifying individual 

criminal offenders and alleged 

offenders, including the nature and 

disposition of criminal charges, 

sentencing, confinement, release, and 

parole and probation status; and reports 

identifiable to an individual compiled at 

any stage of the process of enforcement 

of the criminal laws from arrest or 

indictment through release from 

supervision. Such records comprise the 

vast majority of records in the ICRS. 

Any ICRS records that would not be 

within the scope of subsection (j)(2) 

might nonetheless come within the 

scope of subsection (k)(2), and thus, are 

appropriately subject to the (k)(2)-based 

exemptions that have now being 

established by this final rule. Moreover, 

the sections of the SORN that reflect the 

exemptions established by the 

underlying rule must necessarily 

conform to the exemption provisions 

finalized by this final rule. 

Additionally, as suggested by the 

commenter, the Department proposed, 

and hereby includes in paragraph 

16.97(k) of the final rule, that the 

exemptions apply only to the extent that 

information in this system is subject to 

exemption under these subsections. 

Finally, the commenter alleged that 

the Department failed to provide a 

statement of reasons for the exemptions 

as required by the Privacy Act. 

However, the Department detailed the 

reasons for each exemption in 

paragraphs 16.97(k)(1)–(12) of both the 

proposed rule and final rule below. The 

SORN incorporates this underlying 

information via the section for 

‘‘Exemptions Claimed for the System,’’ 


sroberts on DSK5SPTVN1PROD with RULES